25 Investigates: Safety issues cited at Mendon daycare where baby died

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MENDON, Mass. — Staff at a church-run daycare in Mendon failed to follow safe sleep practices for a 10-week-old baby who died in their care, according to a state report obtained by 25 Investigates.

The baby boy was found unresponsive at Bethany Christian Academy on April 4 when his mother came to pick him up. He was later pronounced dead at a nearby hospital and state daycare regulators launched an investigation.

25 Investigates obtained that heavily redacted investigation report after the Secretary of State’s Office ordered the Department of Early Education and Care to hand over that public document earlier this month.

That investigation found daycare workers placed the baby boy to sleep on his stomach just before he died. The investigation report also shows daycare staff were out of the room as he napped.

State regulations for daycares require babies to be placed on their backs when sleeping in order to reduce the risk of Sudden Infant Death Syndrome. Workers must also watch children under six months at all times – even while they nap – during their first six weeks in daycare, according to regulation requirements.

The school’s director refused to answer questions from 25 Investigates about why the baby boy had been placed to sleep on his stomach before he died.

But in an email to 25 Investigates, she insisted the state had no right to investigate the daycare in the first place and accused the state of “a clandestine and poorly executed investigation.”

An EEC spokeswoman said the agency stands by its report on Bethany Christian Academy.
The Worcester County District Attorney's Office has said it doesn't suspect foul play in the case but the investigation into the baby boy's death is ongoing.

EEC also acknowledged state regulators have no power to monitor the Mendon daycare or require changes. EEC inspectors suddenly dropped their investigation a week after the baby boy died, citing the school’s “exempt status.”

Bethany doesn’t have to follow state daycare safety rules because the state granted the church pre-school an exemption to operate without a license in 1996 because it’s part of a private K-12 school.

Investigative Reporter Eric Rasmussen asked Gov. Charlie Baker about the concerns raised in the report and whether his administration could reassure parents their kids are safe at license-exempt daycares.

“Well, under state law, there are certain programs that are licensed and there are certain programs, that under state law, are affirmatively not licensed by the Commonwealth,” said Baker.

Baker said the state can investigate some exempt daycares – but only if they get state money.

25 Investigates has been asking the state just how many other preschools and daycares are exempt from all monitoring, but EEC still hasn’t been able to provide answers.

Meanwhile, the school director for Bethany Christian Academy insists her staff is fully trained in safe sleep practices for infants and remains “committed to a best practices approach.”

A lawyer for the school previously told 25 Investigates the daycare volunteered to undergo state training and licensing requirements, but the school director now says that offer is off the table.